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(영문) 수원고등법원 2019.12.19 2019나100

동대표해임무효확인등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows, and the same applies to the reasoning of the judgment of the court of first instance, except for the use of parts or addition or deletion thereof as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence

(The grounds for appeal by the Defendant are not significantly different from the allegations in the first instance court, and even if the evidence submitted by the Defendant to the court of first instance duly adopted and examined by the first instance, the judgment of the first instance is deemed legitimate in view of the evidence presented by the Defendant in this court). All of the third-party judgment of the first instance and third-party 3 are deleted.

The third part of the judgment of the court of first instance shall be "8 to 11". The third part of the judgment of first instance shall be "8 to 8.9."

In accordance with the fourth sentence of the first instance judgment, the term of office in a special election in which the Plaintiff’s eligibility to be elected is limited on the premise that the dismissal of the representative by Dong against the Plaintiff is valid, and the Plaintiff loses his status as the Defendant Chairperson, shall not be elected as the chairperson for the remainder of the term of office of the Plaintiff.

The court of first instance held that "it is reasonable to see that the instant dismissed voting is invalid" in the 7th and 4th of the judgment of the court of first instance shall be construed as "the instant dismissed voting conducted by visiting voting shall be deemed invalid on the ground that there is a serious procedural defect."

â…………§ 12 of the judgment of the first instance shall be applied â……………………………………………………………

2. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed.